2018 QCCQ 14222, 2018 QCCQ 14222

Protection de la jeunesse — 184655 JB 2721 2018 QCCQ 14222 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000296-182 DATE: June 21, 2018 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A Plaintiff and X Adolescent and C D In their capacity as parents ______________________________________________________________________ JUDGMENT (Section 38, Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] During December 2017, January 2018, the Director of Youth Protection (the Director) retained the reports. [ 2 ] On February 8, the parents received the visit of the social worker and they were both drinking.

The children were not there and the parents agreed that the children would sleep at the maternal grandmother’s that night. [ 3 ] On February 10 th , Y was accused of having marijuana with her at school. [ 4 ] That evening the father took an axe and went over to a school staff’s home and threatened him with it. [ 5 ] On February 18, the mother was extremely upset and smashed the grandmother’s windshield of her vehicle. She was about to smash the tires but X intervened. X also declared that her father assaulted her. [ 6 ] On February 26, a family council meeting was to be held in Town A.

This was the third (3 rd ) attempt at this meeting.

[ 7 ] When the social worker arrived, the mother was at the medical clinic waiting for the ambulance. A P-38 was applied by info- social. The toxicology report revealed drugs. [ 8 ] The children were all entrusted to the maternal grandmother; at that point none of them wanted to go home. [ 9 ] Immediate protective measures were taken as the father was nowhere to be found. [ 10 ] The mother was hospitalized several times for suicidal ideation. [ 11 ] The Director has done evaluations within the family for different motives but this is the first intervention that the situation is compromised.

Because of certain tensions within the community based on a murder that happened 18 years ago, the parents are on opposite poles. [ 12 ] The alcohol consumption of the parents has increased over the months and has brought more violence and conflicts. [ 13 ] Both maternal and paternal sides of the family want to help this couple but most people are scared of the mother because she lashes out at everyone. [ 14 ] The parents have four (4) children: X, 16 years old, Y, 11 years old, Z, 8 years old and A, 4 years old.

X also has a child, B, 9 months old. [ 15 ] These parents love their children but drugs and alcohol have taken over their lives. [ 16 ] When the parents are sober and get along they have good parental abilities and care for their children. [ 17 ] Y has a tendency to try and take care of her mother by cleaning up when she is sick from alcohol and running for help when there is fighting in the home. [ 18 ] The children have taken on parental roles because of the issues with the parents.

All children get along well except Y who finds her relationship with her sister X difficult. [ 19 ] X is 16 years old and she has a baby named B who is 9 months old. [ 20 ] She has issues with consumption and violent behaviour. [ 21 ] At the end of April, she was brought to the hospital because she had a physical altercation with another girl in Town A and she was under the influence of alcohol. [ 22 ] X was also followed up under Young Offenders Act and her file was closed in March 2018. [ 23 ] She continues to take drugs and alcohol. [ 24 ] In this day, the conduct of her parents has an impact on X considering she is reproducing the same behaviour. [ 25 ] Today she is absent because the social worker was not able to speak to her by phone.

She received a notice of the day at Court by Facebook. [ 26 ] Considering evidence in the best interest of the adolescent, THEREFORE THE COURT : [ 27 ] GRANTS the motion; [ 28 ] DECLARES that the security or the development of the adolescent is in danger according to

Section 38 e) 1) of the Youth Protection Act ; [ 29 ] ENTRUSTS the adolescent, X, to the grandmother, E, for a periode of six (6) months; [ 30 ] ORDERS that the visits between the child and the parents be upon an agreement between the parties, if no agreement, ORDERS that the visits be supervised; [ 31 ] ORDERS to the parents to take an active

part in the redaction and application of the measures designed to put an end to the situation which the security and development of the child is in danger; [ 32 ] ORDERS that the child receive all the care needed; [ 33 ] RECOMMENDS to the parents to follow-up for consumption issues; [ 34 ] RECOMMENDS to the parents to follow-up for violence issues; [ 35 ] RECOMMENDS to the mother to follow-up for personal issues; [ 36 ] ORDERS that a person working for [Body A] provide aid, counseling and assistance to the child and the family for a period of six (6) months; [ 37 ] ENTRUSTS the situation of the child, X to the Director of Youth Protection who shall then see that the measures are carried out;

[ 38 ] ORDERS the execution of the present judgment by any peace officer. __________________________________ VALMONT BEAULIEU, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Annie-Claude Pagé Counsel for the child Mtre. Andrea Caron Counsel for the mother Mtre. Louis-André Hubert Counsel for the father Date of hearing: June 21, 2018